Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code mis-joinder of charges. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Procedure Code (V of 1898), s. 234(1)—Misjoinder of charges—Firing single shot at two persons to Rn them—Whether one offence or two offences.The’ appellant was tried in respect of the following charges: 6) causing the death of A and thereby committing an offence punishable under s. 302, Penal Code, (ii) firing a short at B and C with the intention of causing their death and thereby commit- ting an offence punishable under s. 307, Penal Code, and (iii) firing a shot at D with the intention of killing him and thereby committing an offence punishable under s. 307, Penal Code, It was contended on his behalf that there was a misjoinder of charges as the second charge was really a charge in respect of two offences (viz., attempt to murder B and attempt to murder C) and the accused had therefore been charged with, and tried for, more than three offences in contravention of s. 234(1) of the Criminal Procedure Code: Held, that there was nothing wrong in the trial as the single act of firing a shot at B and C is one offence and not two offences and the trial was not ‘bad for misjoinder of charges. Their Lordships however observed that they should not be understood as laying down the wide proposition that in no case can a single act constitute more than one offence. |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1951 INSC 61 |
Petitioner | Bhagat Singh |
Respondent | The State |
SCR | [1952] 1 S.C.R. 371 |
Judgement Date | 1951-12-19 |
Case Number | 38 |
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